UNITED STATES OF AMERICA BEFORE THE SECURITIES AND EXCHANGE COMMISSION Investment Advisers Act of 1940 Release No. 1572 / July 26, 1996 Administrative Proceedings File No. 3-9047 PUBLIC ADMINISTRATIVE PROCEEDINGS INSTITUTED AGAINST WAYNE A. MAKI The Commission announced today the entry of an Order Instituting Public Administrative Proceedings Pursuant to Section 203(f) of the Investment Advisers Act of 1940 (Order) against Wayne A. Maki (Maki), an inmate at the Minnesota Correctional Facility, in Lino Lakes, Minnesota. Maki was formerly associated with IDS Financial Corporation (IDS), a registered investment adviser. IDS is the parent of various affiliates, many of which are registered investment companies. The Order alleges that from approximately May 1986 through June 1993, Maki was employed as a tax accountant in IDS' corporate tax department. Maki also worked with two IDS affiliates, IDS Financial Services (Financial Services) and IDS Mutual Funds Group (Mutual Funds Group), to escheat funds abandoned by investment company shareholders and investment advisory clients to the states. As such, Maki had access to abandoned investment advisory client accounts and investment company shareholder accounts. The Order further alleges that on May 23, 1994, Maki was convicted by the State of Minnesota, County of Hennepin, District Court of eight counts of theft by swindle ("embezzlement," Minn. Stat. 609.52 subdiv. 2(4), 3(1) and 3(2)). This conviction resulted from Maki's embezzlement of approximately $1 million from the investment advisory clients of IDS and the clients and shareholders of Financial Services and Mutual Funds Group. The Honorable Ann Montgomery sentenced Maki to eleven years in prison and ordered him to pay restitution. Based on Maki's criminal conviction, a public hearing will be held to determine what remedial action, if any, is appropriate in the public interest.